When They Take The Car Back
NRS 104.9609 and NRS 482.516 — no court needed and no breach of the peace, then 10 days' written notice before a sale
Without a court, but without a breach of the peace. After a default, a secured party in Nevada may take possession of the collateral through the courts, or without judicial process if it proceeds without breach of the peace.
Whatever the contract says, at least 10 days' written notice of intent to sell or lease a repossessed vehicle again goes to everyone liable on the security agreement, in person or by mail to the address on the agreement or a newer one they gave in writing.
- That there is a right to redeem the vehicle, and the total amount needed to redeem it as of the notice.
- That the holder intends to resell or lease it again when 10 days from the notice have run.
- Where the vehicle will be returned on redemption or reinstatement, and to whom payment is made.
- The protection for government workers during a shutdown.
The deficiency turns on the notice. During the notice period the persons liable may pay the debt in full. They owe a deficiency after the sale or lease only if the notice was given within 60 days after repossession and itemizes the balance and any delinquency, collection or repossession costs, with the credit for unearned finance charges or cancelled insurance computed or noted.
A federal, tribal or state worker, or a member of the worker's household, who proves that status may not have a vehicle repossessed from the day a shutdown begins until 30 days after it ends, unless a court orders otherwise. Knowingly repossessing in violation is a misdemeanor and may bring actual damages, attorney's fees and costs.
Redemption is open until the collateral is collected, disposed of, contracted for disposition, or accepted in satisfaction of the debt; the rest of the commercial code's rules on the sale and the surplus are not reproduced here. Whether a repossession breached the peace is a question for a court and a licensed Nevada attorney.
Sources for this section (4)
- NRS 104.9609 — Secured party’s right to take possession or dispose of collateral after default
- NRS 482.516 — Sale or lease of repossessed vehicle: Persons liable on security agreement to be given written notice of intent in advance
- NRS 482.5165 — Repossession of vehicle of certain persons prohibited during governmental shutdown
- NRS 104.9623 — Redemption of collateral
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.